Now Reading: Can employees take leave during notice period? Rules and court rulings explained
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Can employees take leave during notice period? Rules and court rulings explained
Can employees take leave during notice period? Rules and court rulings explained
Employees can apply for leave during their notice period, but it is not an automatic right. The Delhi High Court in Ghanshyam vs DMRC (2007) allowed sanctioned leave to run with the…
The Story in Brief
Employees can apply for leave during their notice period, but it is not an automatic right. The Delhi High Court in Ghanshyam vs DMRC (2007) allowed sanctioned leave to run with the notice period if no rule prohibits it. However, the Supreme Court in CAMPCo vs B. Vishnu Murthy (2022) held that where service rules forbid overlap, the employee cannot combine leave and notice period. Courts in other cases have ruled that absence without approval, even with leave balance, can be deemed misconduct, though genuine medical emergencies may be considered. The key is to check company service rules and obtain written approval before taking leave.
The Indian Opinion
The 'common sense' narrative that leftover leave automatically adjusts into the notice period is wrong and costly. Courts have consistently held that company service rules and written approval matter more than an employee's assumption. The test for every worker is simple: check your appointment letter and leave policy before assuming anything. A yes from management is mandatory; absence without it can be misconduct, even if you have leave balance.
Sources (2): aajtak.in, bazaar.businesstoday.in
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
